Int 0191-1998

Be it enacted by the Council as follows: Section 1. Section 10-119 of chapter 1 of title 10 of the administrative code of the city of New York, as amended by local law 111 of 1993, is amended to read as follows: �10-119 Posting. a. It shall be unlawful for any person to paste, post, paint, print or nail any handbill, poster, notice, sign or advertisement upon any curb, gutter, flagstone, tree, lamppost, awning post, telegraph pole, telephone pole, public utility pole, public garbage bin, bus shelter, bridge abutment, elevated train structure, highway fence, barrel, box, parking meter, mail box, traffic signal stanchion, tree box, bench, traffic barrier, hydrant, public pay telephone, any personal property maintain on a city street or other city-owned property pursuant to a franchise, concession or ravocable consent granted by the city or other such item or structure in any street, or to direct, suffer or permit any servant, agent, employee or other person under his or her control to engage in such activity; provided, however, that this section shall not apply to any handbill, poster, notice, sign or advertisement so posted by or under the direction [of the council, or by or under the direction] and issued under proper guidelines of any city agency, or pursuant to a franchise, concession or revocable consent granted pursuant to chapter fourteen of the charter except that the provisions of this subdivision shall not apply where a license has been granted pursuant to subdivision c of this section. b. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any handbill, poster, notice, sign or advertisement on any item or structure described in subdivision a of this section in any street violated this section by either (i) pasting, posting, painting, printing or nailing such handbill, poster, notice, sign or advertisement, or (ii) directing, suffering or permitting a servant, agent, employee or other individual under such person's control to engage in such activity. c. License for Political Postering. (1) The commissioner of sanitation is authorized to grant a license to a designated person to allow such person to place political handbills and posters within a specific election district during the two weeks immediately preceding primary, general and special elections for any public office. The commissioner of sanitation shall develop rules for such license application, including but not limited to the following: the licensee's name and permanent address; the political candidate's name and address; the boundaries of the district in which such candidate's handbills and posters shall appear; a statement of the licensee's liability for failing to remove all political posters; and, notice that such political posters must be removed by the licensee within forty-eight hours after election day. (2) The licensee authorized to post political posters or handbills shall assume all responsibility for the removal of said candidate's posters within the forty-eight hour time period after election day. Failure to remove said political handbills and poster within the specified time shall subject the licensee to all fines pursuant to section 10-121. (3) The commissioner of sanitation is empowered to set a fee, not to exceed seventy-five dollars per candidate, for a political license. �2. This local law shall take effect thirty days after its enactment into law. Referred to the Committee on Environmental Protection. Int. 130/92 6/28/94 11:45 A.M.